Home/Case Law/NICK GASCA vs. COUNTY OF SAN BERNARDINO
Regular DecisionWorkers' Compensation

NICK GASCA vs. COUNTY OF SAN BERNARDINO

Filed: Jun 04, 2013
San Francisco
ADJ3637086 (POM 0212645) ADJ2449975 (POM 0236601)

CompFox AI Summary

In two consolidated workers' compensation cases, the Board affirmed the original award for a 1994 industrial injury to applicant's back, extremities, and psyche, totaling 33% permanent disability. The Board also affirmed the original award for a 1998 industrial injury to the applicant's low back and psyche, also resulting in 33% permanent disability. However, the Board amended the 1998 award to defer the issue of attorneys' fees and returned the matter for further development of the record regarding fee entitlement. The Board found the trial judge's reliance on Dr. Green's reports regarding non-industrial internal conditions to be persuasive, rejecting the applicant's argument for an independent medical examiner.

Full Decision Text1 Pages

In two consolidated workers' compensation cases, the Board affirmed the original award for a 1994 industrial injury to applicant's back, extremities, and psyche, totaling 33% permanent disability. The Board also affirmed the original award for a 1998 industrial injury to the applicant's low back and psyche, also resulting in 33% permanent disability. However, the Board amended the 1998 award to defer the issue of attorneys' fees and returned the matter for further development of the record regarding fee entitlement. The Board found the trial judge's reliance on Dr. Green's reports regarding non-industrial internal conditions to be persuasive, rejecting the applicant's argument for an independent medical examiner.

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